1950_BANKRUPTCY_ORDINANCE_ORDINANCE — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

Bankruptcy.

[CAP. 6

(b) it shall be sufficient that a receiving order against the firm be made in the firm name, without mentioning the names of the partners, and such receiving order shall affect the joint and separate property of all the partners;

(c) the right of a creditor to present a bankruptcy petition against the firm, and the jurisdiction of the court to make a receiving order or an adjudication of bankruptcy against the firm, shall not be affected by the fact, if it is so, that all or any of the partners of the firm are not British subjects or are not resident or domiciled in the Colony.

(2) The provisions of this section shall, so far as the nature of the case will permit, apply to any person carrying on business in the Colony in a name or style other than his own name.

Official Receiver and duties on petition being filed.

8. (1) Immediately on the filing of any petition the Powers of Official Receiver may, in cases where he has reason to believe that any offence under this Ordinance or any fraud of debtor has been or is about to be perpetrated, by notice sent by messenger or by ordinary post, summon the debtor to attend before him to give such information as he requires, and may, either by himself or his agent authorized by him in writing, enter on any premises occupied by the debtor between the hours of 8 a.m. and 6 p.m. for the purpose of inspecting his property, stock in trade and books of account.

(2) It shall be the duty of the debtor to furnish the Official Receiver with all such information as it is in the debtor's power to give or to obtain.

(3) If the debtor fails without reasonable cause to attend on the Official Receiver as aforesaid or to furnish him with such information as aforesaid, or if the debtor obstructs the search of the premises or the production of any book or document required in connexion therewith, or authorizes or permits any such obstruction, the debtor shall upon summary conviction be liable to imprisonment for any term not exceeding six months, and every person who takes any part in any such obstruction, whether authorized or permitted by the debtor or not, shall be liable to the like penalty.

177

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Bankruptcy. [CAP. 6 (b) it shall be sufficient that a receiving order against the firm be made in the firm name, without mentioning the names of the partners, and such receiving order shall affect the joint and separate property of all the partners; (c) the right of a creditor to present a bankruptcy petition against the firm, and the jurisdiction of the court to make a receiving order or an adjudication of bankruptcy against the firm, shall not be affected by the fact, if it is so, that all or any of the partners of the firm are not British subjects or are not resident or domiciled in the Colony. (2) The provisions of this section shall, so far as the nature of the case will permit, apply to any person carrying on business in the Colony in a name or style other than his own name. Official Receiver and duties on petition being filed. 8. (1) Immediately on the filing of any petition the Powers of Official Receiver may, in cases where he has reason to believe that any offence under this Ordinance or any fraud of debtor has been or is about to be perpetrated, by notice sent by messenger or by ordinary post, summon the debtor to attend before him to give such information as he requires, and may, either by himself or his agent authorized by him in writing, enter on any premises occupied by the debtor between the hours of 8 a.m. and 6 p.m. for the purpose of inspecting his property, stock in trade and books of account. (2) It shall be the duty of the debtor to furnish the Official Receiver with all such information as it is in the debtor's power to give or to obtain. (3) If the debtor fails without reasonable cause to attend on the Official Receiver as aforesaid or to furnish him with such information as aforesaid, or if the debtor obstructs the search of the premises or the production of any book or document required in connexion therewith, or authorizes or permits any such obstruction, the debtor shall upon summary conviction be liable to imprisonment for any term not exceeding six months, and every person who takes any part in any such obstruction, whether authorized or permitted by the debtor or not, shall be liable to the like penalty. 177
Baseline (Original)
Bankruptcy. [CAP. 6 person as aforesaid if it related to his property or creditors; (b) it shall be sufficient that a receiving order against the firm be made in the firm name, without men- tioning the names of the partners, and such receiving order shall affect the joint and separate property of all the partners; (c) the right of a creditor to present a bankruptcy petition against the firm, and the jurisdiction of the court to make a receiving order or an adjudication of bankruptcy against the firm, shall not be affected by the fact, if it is so, that all or any of the partners of the firm are not British subjects or are not resident or domiciled in the Colony. (2) The provisions of this section shall, so far as the nature of the case will permit, apply to any person carrying on business in the Colony in a name or style other than his own name. Official and duties on petition 8. (1) Immediately on the filing of any petition the Powers of Official Receiver may, in cases where he has reason to Receiver believe that any offence under this Ordinance or any fraud of debtor has been or is about to be perpetrated, by notice sent by being filed. messenger or by ordinary post, summon the debtor to attend before him to give such information as he requires, and may, either by himself or his agent authorized by him in writing, enter on any premises occupied by the debtor between the hours of 8 a.m. and 6 p.m. for the purpose of inspecting his property, stock in trade and books of account. (2) It shall be the duty of the debtor to furnish the Official Receiver with all such information as it is in the debtor's power to give or to obtain. (3) If the debtor fails without reasonable cause to attend on the Official Receiver as aforesaid or to furnish him with such information as aforesaid, or if the debtor obstructs the search of the premises or the production of any book or document required in connexion therewith, or authorizes or permits any such obstruction, the debtor shall upon summary conviction be liable to imprisonment for any term not exceeding six months, and every person who takes any part in any such obstruction, whether authorized or permitted by the debtor or not, shall be liable to the like penalty. 177
2026-05-03 17:16:53 · Baseline
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Bankruptcy.

[CAP. 6

person as aforesaid if it related to his property or creditors;

(b) it shall be sufficient that a receiving order against the firm be made in the firm name, without men- tioning the names of the partners, and such receiving order shall affect the joint and separate property of all the partners;

(c) the right of a creditor to present a bankruptcy petition against the firm, and the jurisdiction of the court to make a receiving order or an adjudication of bankruptcy against the firm, shall not be affected by the fact, if it is so, that all or any of the partners of the firm are not British subjects or are not resident or domiciled in the Colony.

(2) The provisions of this section shall, so far as the nature of the case will permit, apply to any person carrying on business in the Colony in a name or style other than his own name.

Official

and duties

on petition

8. (1) Immediately on the filing of any petition the Powers of Official Receiver may, in cases where he has reason to Receiver believe that any offence under this Ordinance or any fraud of debtor has been or is about to be perpetrated, by notice sent by being filed. messenger or by ordinary post, summon the debtor to attend before him to give such information as he requires, and may, either by himself or his agent authorized by him in writing, enter on any premises occupied by the debtor between the hours of 8 a.m. and 6 p.m. for the purpose of inspecting his property, stock in trade and books of account.

(2) It shall be the duty of the debtor to furnish the Official Receiver with all such information as it is in the debtor's power to give or to obtain.

(3) If the debtor fails without reasonable cause to attend on the Official Receiver as aforesaid or to furnish him with such information as aforesaid, or if the debtor obstructs the search of the premises or the production of any book or document required in connexion therewith, or authorizes or permits any such obstruction, the debtor shall upon summary conviction be liable to imprisonment for any term not exceeding six months, and every person who takes any part in any such obstruction, whether authorized or permitted by the debtor or not, shall be liable to the like penalty.

177

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